How to Get Your Full Security Deposit Back in North Dakota

When moving out of a rental in North Dakota, getting your full security deposit back is an important priority. Knowing your rights and obligations can help ensure the process goes smoothly. This article guides you through North Dakota laws and practical steps to maximize your chances of a complete refund of your security deposit.

Understanding Security Deposit Laws in North Dakota

North Dakota law regulates how landlords must handle security deposits. Most rules are found in North Dakota Century Code Chapter 47-16, which covers residential landlord and tenant laws.^[1] The law sets maximum deposit amounts and clear timelines for returning your money.

• Deposit Limit: Landlords may not charge more than one month's rent as a security deposit (or two months' rent for tenants with pets, with some exceptions).
• Timelines: Landlords must return your deposit within 30 days after you move out and provide your new mailing address.
• Deductions: The deposit can only be reduced for unpaid rent, cleaning to restore the property to its original condition (excluding normal wear and tear), or repairs for damage beyond normal use.

Steps to Secure Your Full Deposit Refund

Follow these best practices before and after moving out:

1. Give Proper Notice

• Check your lease for required notice period (usually 30 days).
• Submit your notice to vacate in writing and keep a copy.

2. Document the Condition of the Apartment

• Take detailed photos of each room and any existing damage when you first move in and before you leave.
• Ask your landlord for a move-out inspection and walk through the property together, if possible.

3. Clean and Repair

• Thoroughly clean all areas—appliances, bathrooms, floors, and walls.
• Fix small damages (like nail holes or scuffs) to avoid deductions for minor repairs.

4. Provide a Forwarding Address

• Give your landlord your new address in writing. Without this, your 30-day return period may be delayed.

5. Request a Written Accounting

• If your landlord deducts anything, they must provide you a written, itemized list of deductions within 30 days.
• If you disagree, you may request additional documentation or state your dispute in writing.

Official Forms for Security Deposit Disputes

North Dakota does not have a required statewide form for security deposit returns, but you can use a Security Deposit Return Request Letter if your landlord does not return your deposit within the 30 days. This letter should:

• Clearly state your previous rental address, move-out date, and new mailing address
• Request the return of your deposit per state law (NDCC § 47-16-07.1)
• Ask for an itemized deduction list if not already provided

For examples and templates, refer to the ND Attorney General's Landlord-Tenant Rights Guide.

If issues remain, you may file a claim in Small Claims Court.

• Small Claims Court Claim Form (Summons and Complaint): Used to initiate a claim against your landlord for an unreturned deposit. Available from your North Dakota Courts Small Claims resource.

Practical Example: If your landlord does not return your deposit on time, fill out the Small Claims Summons and Complaint and file it with the county court where the property is located.

What to Do if You Don’t Get Your Deposit

If the deposit is not returned within 30 days, or you dispute the deductions, take these steps:

• Send a written demand letter requesting your deposit within a reasonable timeframe (usually 7-10 days)
• File a claim in Small Claims Court using the official forms above if the landlord still does not respond
• Attach your lease, photos, correspondence, and any deduction statement to support your claim

The court that hears small claims and landlord-tenant disputes in North Dakota is the North Dakota Unified Judicial System.^[2] For law reference, see ND Century Code Chapter 47-16.

Frequently Asked Questions

1. How long does a landlord have to return my security deposit in North Dakota?
   Landlords must return your security deposit within 30 days after you move out and give them a forwarding address.
2. What can a landlord deduct from my security deposit?
   Landlords may deduct for unpaid rent, cleaning needed to restore the property beyond normal use, and repairs for damages that exceed normal wear and tear.
3. Can I get my deposit back if I didn’t give a forwarding address?
   Your landlord is not required to send or process your deposit return until you provide a forwarding address. Always do this in writing for proof.
4. What if there is a dispute about damages or cleaning fees?
   If you disagree with deductions, you can request documentation and negotiate directly, or file a claim in Small Claims Court for the disputed amount.
5. Which official body handles tenant-landlord disputes in North Dakota?
   The North Dakota Courts Small Claims handles such disputes.

Key Takeaways for North Dakota Renters

• Know your rights under state law—security deposits are strictly regulated.
• Document everything when moving out—photos, forms, written communication.
• If a dispute occurs, take swift action by sending a demand letter and, if needed, filing a claim with the courts.

With preparation and knowledge of the law, most deposit issues can be resolved quickly and fairly.

Need Help? Resources for Renters

• North Dakota Attorney General: Landlord-Tenant Rights Guide
• North Dakota Courts: Small Claims Self-Help
• North Dakota Department of Human Services: Housing Assistance
• If you need legal advice, consider contacting Legal Services of North Dakota

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1. See North Dakota Century Code Chapter 47-16: Landlord and Tenant Law.
2. See North Dakota Unified Judicial System for legal proceedings and self-help resources.

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